$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 62/2021 KAILASH CHAND UPRETI .....Petitioner Through: Ms. Shantha Devi Raman and Ms. Tanisha Gopal, Advocates versus THE STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Utkarsh, APP for the State with SI P. Buno, P.S. Madhu Vihar Mr. Prateek Saxena, Proxy Counsel for R-2 & 3 CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 02.12.2025

1. Petition under Section 482 Cr.P.C. has been filed for quashing the impugned Order dated 01.10.2020 in Criminal Revision Petition No. 26/2020 whereby Ld. ASJ upheld the Order dated 06.03.2020 of Ld. MM rejecting the Application under S.156(3) Cr.P.C. for registration of FIR.

2. Briefly stated, the Petitioner had filed a criminal Complaint under Section 200 read with Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) for the offences under S.323/406/420/467/468/471/120B/506/34 IPC.

3. The Petitioner stated in his Complaint that the Respondent No.2, namely Banti Choudhary @ Narender Singh, was well known to him as they were residing in the same locality. The Petitioner was in search of a flat and discussed it with Respondent No.2, who represented himself as the owner of and having possession of a Flat situated on the 1st floor up to the extent of ceiling level area measuring 57.5 sq. yards, i.e., 47.7 sq. meters consisting of two plus one room set therein, with common staircase, passage, entrance, and two-wheeler parking space at the ground floor with the right to go on roof/ terrace of top floor for maintenance/installation of TV antenna and water tank purpose only; a part of property bearing number D-8/A, out of Khasra No. 800–801, situated in the Abadi of D-Block, West Vinod Nagar, in the area of village Mandawali, Fazalpur, Illqua Shahdara (suit property).

4. Believing the representations made by Respondent No.1, the Petitioner entered into an Agreement/ Bayana dated 27.08.2014 in the presence of the witnesses and Sh. Sher Singh, Respondent No.3, for purchase the Flat at a total consideration of ₹27.5 lakhs.

5. The Respondent No.2 received a sum of Rs.2,50,000/- in cash on 27.08.2014, as earnest/ advance money from the Petitioner, under the said Agreement, in the presence of the Respondent No.3 and other witness. It was agreed that the remaining amount of Rs.25,00,000/- shall be paid by the Petitioner to the Respondent No.2 by the end of December 2014, on which Respondent No.2 shall execute and register the Sale Deed in respect of the aforesaid flat, in favour of the Petitioner.

6. In the meantime, Respondent No.2 approached the Petitioner and requested to pay him a sum of Rs.10,00,000/- under the aforesaid Agreement, as he was in dire need of funds. Thus, the Petitioner paid a sum total sum of Rs.10,00,000/ in two instalments of Rs.5,00,000/- each in cash to Respondent No.2, on 20.10.2014 and on 10.11.2014, respectively. The receipt of the amount of Rs.10,00,000/- was acknowledged by Respondent No.2 in his handwriting, on the back of the Agreement dated 27.08.2014, in the presence of the witnesses.

7. In the month of December 2014, the Petitioner requested the Respondent No.2 to accept the remaining Rs.15,00,000/- and execute and register the sale deed, in his favour. However, Respondent No.2 expressed his inability to do the needful, stating that the construction was not complete. Despite repeated reminders by the Petitioner, Respondent No.2 kept on seeking time on one pretext or the other. Somewhere in the month of May, 2015, he refused to perform his part of the contract without assigning any reason.

8. On enquiry, the Petitioner came to know that Respondent No.2 had already sold the suit Flat to some other person without having any right and authority whatsoever to sell out the said property to any other person except the Petitioner. Since the Respondent No.2 had violated the agreed terms of the Agreement to Sell, he became liable to pay double the amount of the earnest money. T